WEBSITE TERMS OF SERVICE
1. Acceptance of Terms
By using our Website or our Services, you indicate your unconditional acceptance of these Terms of Service. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms of Service may be viewed at the website: www. privatefolio.com/terms_of_service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND PRIVATEFOLIO ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 26 “AGREEMENT TO ARBITRATE”).
Our Services enable Candidates to create and deliver dossiers to third party recipients identified by such Candidate (each such third party a “Recipient”). Recipients may include, but are not limited to, certain academic job application websites, university departments that are conducting job searches, or other persons or entities selected by the Candidate.
PrivateFolio maintains this Website as a service to our users, subject to these Terms of Service. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
3. Types of Users; Registration and Identity Verification
a. Types of Users. You may be accessing and using the Services as (i) a Candidate, (ii) a Reference, (iii) a Recipient or (iv) a member of the general public simply using the functionality, and/or reviewing the content, that is publicly available through our Services. Certain of our Services are accessible only by Registered Users. We refer to Candidates and References as “Registered Users. ”
c. Acknowledgement to Receive Email or Push Notifications. As a user of PrivateFolio, you agree to receive emails from us regarding our products and services. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners. You may opt-out from receiving such messages by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
a. Candidates may create dossiers by uploading, and managing information and documents in connection with Candidate’s PrivateFolio account. PrivateFolio enables Candidate to manage and group documents uploaded to his or her account, including, without limitation, any letters of recommendations provided by a Reference (each such grouping of documents, a “Dossier”). Candidates may request delivery of certain Dossiers to selected Recipients.
b. The documents and information that you import in connection with the Services such as files, transcripts, and other documents that you choose to provide to us in order to create and update your Dossiers may contain personal information. We will take reasonable efforts to restrict access to the Dossiers to Registered Users using their applicable Log-In Credentials who are authorized to view such information, or to Recipients to whom Candidate’s direct our Services to share such information.
5. Letters of Recommendation
a. The Services also enable the Candidate to solicit and allow other certain third parties identified by the Candidate to submit letters of recommendation and other documents on behalf of the Candidate. Such third parties that submit letters of recommendation or other documents on behalf of the Candidate via PrivateFolio are each referred to as a “Reference”. Candidates may control which letters of recommendations are included in each Dossier that are transmitted to Recipients.
b. References may submit letters of recommendation on behalf of a Candidate to PrivateFolio by uploading such letter of recommendation through our Website. We will use reasonable efforts to restrict Candidates from viewing letters of recommendation submitted to our Website, unless the applicable Reference elects to permit the Candidate to view the applicable letter of recommendation or disclosure is required by a governmental authority. By submitting a letter of recommendation through our Website, References will be registered as users and provided Log-in Credentials for a letter writer account. There are no fees associated with letter writer accounts or the submission of letters of recommendation by References.
c. After submission of a letter of recommendation to PrivateFolio, References may revise such letter of recommendation; however, a Reference may not request that such letter of recommendation no longer be used on behalf of the applicable Candidate.
d. References hereby authorize us and the applicable Candidate to transmit and disclose the letters of recommendation submitted with respect to such Candidate to the Recipients selected by such Candidate.
e. Letters of recommendation submitted by a Reference shall be the User Consent of such Reference for purposes of these Terms of Service.
Our Services enable Candidates to create a public page (“Portfolio”) on which they can display certain information and documents of their choosing. Information that you choose to display through your Portfolio may be viewed by any third party that visits our Website. Content submitted by a Candidate with respect to a Portfolio shall be the User Consent of such Candidate for purposes of these Terms of Service.
7. User Content
a. User Content Definition. Each Registered User is solely responsible for any documents, data, text, files, information, usernames, images, graphics, photos, profiles, works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that such Registered User submits, uses, displays, or shares on or via the Services. Registered Users shall not submit, upload, post, display or share any User Content that such Registered User does not have the right to copy, use or share for the purpose of his or her use of the Services. If Registered Users choose to provide information or User Content to use, register for or participate in a service, event, or promotion through our Services, you agree that you will provide accurate, complete, and up to date information. We cannot control the actions of other users with whom you choose to share your Dossiers, Portfolio or other information.
b. Liability. We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted through our Services or for display on our Website, such as a letter of recommendation or an online Portfolio. We do not prescreen information included in User Content, including Dossiers, letters of recommendation, or information contained in Portfolios. We only act as a passive conduit for distribution and are not responsible for User Content. Any opinions, statements or other information in Content expressed or provided by Registered Users are the respective author(s) or distributor(s) and not of PrivateFolio. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any User Content. Registered Users are responsible for ensuring that User Content that it submits to our Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. Registered Users shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of User Content to our Website.
c. Monitoring. We have the right, but not the obligation, to monitor User Content submitted to our Website, and the use of our Services generally, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted through our Services. Without limiting the foregoing, we have the right to remove any material that PrivateFolio, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the User Content that you post to our Services.
d. Education Records. If you represent an educational agency or institution, including a school, district, or teacher, you represent and covenant that any User Content you submit that constitutes an education record or personally identifiable information from an education record under the federal Family Educational Rights and Privacy Act (“FERPA”) has been submitted in accordance with all applicable FERPA disclosure conditions.
8. Website Content
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms of Service. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us, provided by our licensors, for display on the Website or through the Services. The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:
a. The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
b. The Content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.
9. Subscription; Payments
a. Subscription and Fees. We charge fees for all or a portion of our Services as we may set forth on our Website from time to time. We reserve the right to change our fee structure at any time, except for the subscription fees applicable to any then-current fee-bearing subscription period. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to pay PrivateFolio directly or via its third party payment processing service provider. You also agree to pay the applicable fees for such Services (including, without limitation, periodic fees for subscriptions) as they become due plus all related taxes. You may cancel your subscription as provided on the Website from time to time. We may refuse to renew any subscription.
b. Payment. You agree that PrivateFolio may charge your payment method for any services, subscriptions or products you purchase and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PrivateFolio WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR SERVICES FROM TIME TO TIME. Prices for products and services offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
d. Refunds. Other than an expressly set forth on our Services as updated from time to time, PrivateFolio has no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by PrivateFolio, in each case in PrivateFolio’s sole discretion.
10. International Access
This Website may be accessed from countries other than the United States, although we do not guarantee that any country will allow access to this Website. This Website and the Services may contain products or references to products that are only available within the United States and U. S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.
11. Limitation of Liability; Release
IN NO EVENT SHALL PRIVATEFOLIO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You agree pRIVATEFOLIO’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, The WEBSITE, THE CONTENT, OR any Product or Services WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO pRIVATEfOLIO FOR THE SERVICES IN THE THEN-PRIOR CALENDAR YEAR.
By using our Website or our Services, you agree to release PrivateFolio LLC from any and all claims, demands or damages, equitable relief, or any other legal, equitable or administrative remedy, of any kind or nature, whether known or unknown; suspected or unsuspected; disclosed or undisclosed; past, present, or future, arising out of or in connection with your communication or interaction with other users on the Website. You agree that, to the extent you have a legal or equitable remedy for the action or omissions of other users, you will be limited to making a claim against such other users.
By using this Website and our Services, you agree to indemnify, hold harmless and, at PrivateFolio’s option, defend PrivateFolio from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website or our Services by you or any other person accessing the Website using your account.
13. Prohibited Conduct
By accessing our Website or the portfolios of other users, or accessing another Service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website, including without limitation any Service or online portfolio to:
a. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by PrivateFolio.
b. Use a name or language that PrivateFolio, in its sole discretion, deems offensive.
c. Post defamatory statements.
d. Post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious, or other group.
e. Post Content that depicts or advocates the use of illegal drugs.
f. Post Content which infringes another's copyright, trademark or trade secret.
g. Post unsolicited advertising or unlawfully promote products or services.
h. Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
i. Impersonate another person.
j. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
k. Exploit children under 18 years of age.
l. Engage in disruptive activity such as sending multiple unsolicited and unwelcomed messages.
m. Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
n. Obtain unauthorized access to any computer system through the Website.
o. Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
p. Solicit personal information from children under 13 years of age.
q. Violate any federal, state, local, or international law or regulation.
r. Encourage conduct that would constitute a criminal or civil offense.
In addition, you may not use automated scripts to collect information or otherwise interact with our Services or the Website. Your account is personal and cannot be transferred or assigned to another person, whether by operation of law or otherwise. Any attempted assignment or transfer is null and void.
PrivateFolio reserves the right to consider other conduct to be prohibited; this section is intended to be illustrative.
Our Services are available only to, and may only be used by, individuals who are 18 years or older and who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
15. Intellectual Property Rights
Unless otherwise noted our Website, Services and all Content contained on this Website is the property of PrivateFolio and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Institution names, company names and product names are trademarks or registered trademarks of their respective owners.
16. Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to this Website is:
Name of Copyright Agent:
2336 Wisconsin Ave NW #32358
Washington, DC 20007
Tel: (855) 976-1245
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
When you register on our Website, you may be required to establish a login and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
18. Unsolicited Ideas and Feedback
While we welcome your feedback, ideas, and suggestions (collectively, “unsolicited ideas”), it is important to be aware of the following restrictions with regards to unsolicited ideas you provide to us. If you send us feedback, ideas, or suggestions, you agree that: (1) your unsolicited ideas become the property of PrivateFolio and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) PrivateFolio may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for PrivateFolio to review your unsolicited ideas; and (5) PrivateFolio has no obligation to keep any unsolicited ideas confidential.
19. Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL TEXT, IMAGES, AND OTHER CONTENT ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PRIVATEFOLIO DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
21. Links to Third-Party Websites
This Website may contain links to third party Websites that are provided to you as a convenience. Any outside website accessed from our Website is independent from PrivateFolio, and we have no control over the content or policies of such Websites. We are not responsible for the content or policies of any linked Website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such third party Websites.
22. No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by PrivateFolio of that third party or of any product or service provided by a third party. Likewise, a link to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a Website. PrivateFolio does not endorse, warrant or guarantee any product or service offered by any third party through our Service, discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
23. Jurisdictional Issues
We make no representation that information on this Website, or the products or services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user’s account or access to our Website or Services in our sole discretion, for any reason and at any time, with or without prior notice. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
We may also terminate access to any portion of our Website or Services for any reason and at any time, with or without prior notice. You agree that we are not liable to you or any third party for any termination of your or any other party’s access to our Website or Services.
Upon termination, you will no longer have the right to access or retrieve your Dossier or Portfolio. You acknowledge and agree that we retain the right to delete all of your Dossier and Portfolio upon non-renewal, termination, or expiration of your access to the Services.
25. Governing Law and Jurisdiction
These Terms of Service, and any dispute between you and PrivateFolio, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration. Unless you and we agree otherwise, in the event that Section 26 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the PrivateFolio must be resolved exclusively by a state or federal court located in the Commonwealth of Massachusetts, except that you or we are permitted to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure. Except for such small claims court exceptions, you and the PrivateFolio agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Massachusetts for the purpose of litigating all such claims or disputes. You and the PrivateFolio agree to waive trial by jury in any court proceeding.
26. Agreement to Arbitrate; Waiver of Class Action
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor PrivateFolio can require the other to participate in an arbitration proceeding. To opt out, you must notify PrivateFolio in writing within 30 days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your PrivateFolio account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
PrivateFolio LLC, ATTN: Arbitration Opt-out
2336 Wisconsin Ave NW #32358
Washington, DC 20007
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against PrivateFolio prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms of Service, such termination shall not be effective until 30 days after the version of these Terms of Service not containing the Arbitration Procedures is posted to the Website, and shall not be effective as to any claim that was filed in a legal proceeding against PrivateFolio prior to the effective date of removal.
This Arbitration section will survive the termination of your relationship with PrivateFolio.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
28. Entire Agreement
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to our Website; provided that any such changes shall only apply to your use of our Services after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through or signed agreement or otherwise.
29. For Additional Information
If you have any questions about these Terms of Service, please contact firstname.lastname@example.org .
Copyright 2015, PrivateFolio LLC. All Rights Reserved.
Version: July 15, 2015